Davinder Singh vs State Of Punjab And Anr on 3 October, 2017

Criminal Misc. No.M- 17845 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 17845 of 2017 (OM)
Date of decision : October 03, 2017

Davinder Singh …..Petitioner
Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. C.S. Sharma, Advocate for the petitioner.

Mr. Rahul Rathore, DAG, Punjab.

None for respondent No.2.
***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 228 dated

12.09.2013 under Sections 498A, 323, 324, 120B IPC registered at Police

Station Kapurthala City, District Kapurthala and all other consequential

proceedings arising therefrom on the basis of a compromise arrived at

between the parties.

The abovesaid FIR was registered at the instance of respondent

No.2 due to matrimonial discord with her husband – petitioner. With the

intervention of respectables and relatives, a compromise has been arrived at

between the parties, the terms of which were reduced into writing on

11.02.2017 (Annexure P-2). The present petition has been filed on the basis

of this compromise.

The petitioner and respondent No. 2 have decided to part ways.

Petition under Section 13B of Hindu Marriage Act, 1955, it is informed, has

since been allowed. It is submitted that the entire settled amount has been

handed over to respondent No. 2.

This Court on 18.05.2017 directed the parties to appear before

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learned Illaqa Magistrate/trial Court for recording their statements in respect

to the above-mentioned compromise. Learned Illaqa Magistrate/trial Court

was directed to submit a report regarding the genuineness of the

compromise, as to whether it has been arrived at voluntarily, without any

coercion or undue influence. Learned Illaqa Magistrate/trial Court was also

directed to intimate whether any of the accused are proclaimed offenders.

Information was sought regarding number of persons arrayed as accused.

Pursuant to order dated 18.05.2017, the parties appeared before

the learned Chief Judicial Magistrate, Kapurthala and their statements were

recorded on 04.07.2017. Respondent No.2 stated that the matter has been

amicably resolved by her with the petitioner out of her own free will,

without any pressure, coercion or undue influence. Respondent No.2 further

stated that she has no objection to the quashing of the abovesaid FIR qua the

petitioner. Statement of the petitioner in respect to the compromise was

also recorded.

As per report dated 10.07.2017 received from the learned Chief

Judicial Magistrate, Kapurthala, it is opined that the compromise between

the parties is genuine, arrived at out of their own free will, without any

threat, coercion or pressure. The petitioner is not reported to be a

proclaimed offender. Statements of the parties are appended alongwith the

said report.

Learned counsel for the State submits that as the abovesaid FIR

arises out of a matrimonial dispute, the State has no objection to the

quashing of this FIR on the basis of a settlement arrived at between the

parties.

In Kulwinder Singh and others versus State of Punjab and

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Criminal Misc. No.M- 17845 of 2017 (OM) 3

another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this

Court has observed as under:-

“The compromise, in a modern society, is the sine qua
non of harmony and orderly behaviour. It is the soul of justice
and if the power under Section 482 of the Criminal Procedure
Code is used to enhance such a compromise which, in turn,
enhances the social amity and reduces friction, then it truly is
“finest hour of justice”.

The Hon’ble Supreme Court in B.S.Joshi and others v. State

of Haryana, 2003(4) SCC 675 has observed that it becomes the duty of the

Court to encourage genuine settlements of matrimonial disputes.

Keeping in view the facts and circumstances of this case, it

would be in the interest of justice to quash the abovesaid FIR as no useful

purpose would be served by continuance of the present proceedings. It will

merely lead to wastage of precious time of the court and would be an

exercise in futility.

This petition is, thus, allowed and FIR No. 228 dated

12.09.2013 under Sections 498A, 323, 324, 120B IPC registered at Police

Station Kapurthala City, District Kapurthala alongwith all consequential

proceedings are, hereby, quashed.

However, liberty is afforded to respondent No.2 to file

necessary application for revival of the proceedings in the above said FIR,

in case the terms and conditions of settlement between the parties are not

adhered to by the petitioner(s) or it is found that the settlement was a mere

ruse to have the aforesaid FIR quashed.

(Lisa Gill)
October 03, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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